An employment certificate (świadectwo pracy) is one of the most important employee documents, and the employer must issue it when the employment relationship ends. Contrary to the popular belief that the employer has 7 days to issue the employment certificate, the legal reality is more complicated and requires a precise understanding of the rules. The correct deadlines and procedures for issuing employment certificates are governed by detailed regulations that every employer should know in order to avoid legal problems and penalties imposed by PIP (National Labour Inspectorate). Separate rules apply to the partial employment certificate.
Knowing the rules on employment certificates is essential for both employers and employees. Applying the rules incorrectly may result not only in penalties but also in problems for the employee in their next job. Current legislation sets out precisely when and how the employer should hand this important document to the employee.
Legal basis for issuing an employment certificate
The rules on issuing employment certificates come primarily from the Labour Code (Kodeks pracy) (Articles 97–99) and the Regulation of the Minister of Family, Labour and Social Policy of 30 December 2016 on the employment certificate (consolidated text: Journal of Laws (Dz.U.) 2024, item 1016). These acts set out in detail not only the deadlines for issuing the document, but also its content, how it is corrected and the procedures for handing it to the employee.
The Labour Code is the basic legal act governing employment relationships in Poland. For years it stated only that the certificate should be issued without delay (niezwłocznie), which left some room for interpretation. Since 7 September 2019 the deadline has been set out unambiguously: Article 97 § 1 of the Labour Code requires the employment certificate to be issued on the day the employment relationship ends.
Since 7 September 2019 (Act of 16 May 2019, Dz.U. 2019, item 1043), Article 97 § 1 of the Labour Code expressly requires the employment certificate to be issued on the day the employment relationship ends. The regulation on the employment certificate sets out its content and the procedure for correcting and supplementing it. This is the legal standard currently in force, and employers must strictly comply with it
Current rules impose on the employer a mandatory obligation to issue an employment certificate in connection with the termination or expiry of the employment relationship. This means that the employer must be ready to hand the document to the employee on exactly the day the employment relationship ends, regardless of any other circumstances or settlement procedures.
It is also important that issuing the employment certificate cannot depend on the employee first settling their accounts with the employer (Article 97 § 1³ of the Labour Code). Even if the employee has financial obligations towards the employer or has not returned the work tools entrusted to them, the employer cannot withhold the employment certificate as a means of pressure.
The main rule – issue on the day employment ends
The basic rule governing employment certificates is that they must be issued on the day the employment relationship is terminated or expires. This rule is the foundation of the whole legal framework for employment certificates and is intended to give the employee quick access to a document needed to look for further employment.
The employer must prepare the employment certificate and be ready to issue it on exactly the day the employment relationship ends. It does not matter whether the employment ends as a result of notice, termination by mutual agreement or expiry of a fixed-term contract. The same timing rule applies in all cases.
The Labour Code does not move the deadline for issuing the employment certificate when the employment contract ends on a day off work, for example on a Saturday after a notice period counted in weeks has expired (Article 30 § 2¹). If, for objective reasons, the document cannot be handed over on the day the employment relationship ends, the employer has 7 days to send it by post or deliver it in another way. However, the employer may not use this rule to delay issuing the document
In practice, this rule means that the employer must prepare the employment certificate in advance, especially where the end date of the employment relationship is known beforehand. This applies in particular to termination with notice, where the employer has time to prepare the document during the notice period.
It is worth stressing that issuing the certificate on time means not only preparing the document but also actually handing it to the employee or a person authorised by them. The employer must make sure the employee can collect the employment certificate on the last day of work, which requires appropriate planning of HR procedures.
The exception – sending within 7 days
Although the main rule is to issue the employment certificate on the day the employment relationship ends, the law provides an important exception for situations in which, for objective reasons, the employer cannot hand the document to the employee within the required time. In such cases, the employer must send the employment certificate through a postal operator or deliver it in another way within 7 days of the day the employment relationship ends (Article 97 § 1, second sentence, of the Labour Code).
Objective reasons that justify applying the 7-day deadline may cover a variety of practical situations. The most common are cases where the employee is far away from the workplace and cannot collect the document in person, and at the same time has not appointed anyone authorised to collect the certificate on their behalf.
| Issue deadline | Situation | Method of delivery |
|---|---|---|
| On the day employment ends | Standard situation | Collection in person or by an authorised person |
| Within 7 days | Objective reasons | Postal delivery or another method |
| At the employee's request (paper or electronic) | Another contract within 7 days | Any method within 7 days of the request |
No later than within 7 days of the day the employment relationship ends, the employer sends the employment certificate to the employee or an authorised person through a postal operator or delivers it in another way. What matters is that the item is posted within this period, not that it is delivered within it
It is a misinterpretation of the rules to assume that the employer always has 7 days to issue the employment certificate. This way of thinking leads to incorrect application of the law and may result in sanctions from the inspection authorities. The seven-day period is an exception and may be used only where objective circumstances make it impossible to issue the document on the day the employment relationship ends.
Applying this exception in practice requires the employer to document the reasons that prevented the certificate from being issued on the basic deadline. This may include correspondence with the employee, attempts to reach them by phone or other steps aimed at enabling them to collect the document.
How the employment certificate is delivered
The rules govern in detail not only the deadlines for issuing the employment certificate but also how it is delivered to the employee. The employer has several methods of handing over the document, and each of them must ensure certainty of delivery and make it possible to document that the certificate was issued.
The basic method of delivery is handing the employment certificate to the employee in person on the last day of work. This method is preferred by the legislator and should be used whenever possible. Collection in person allows any doubts about the content of the document to be clarified immediately and gives the employee certainty that they have received it.
An alternative is to hand the certificate to a person authorised by the employee. Such an authorisation may be delivered to the employer in paper or electronic form (§ 3 of the regulation on the employment certificate) and should clearly identify the person entitled to collect the document. The employer has the right to ask the person collecting the certificate to show an identity document and the authorisation.
Available methods of delivering the employment certificate:
- Collection in person by the employee
- Handing it to a person authorised by the employee
- Postal delivery to the last known address
- Delivery by courier
- Other methods that provide confirmation of receipt
Where delivery in person is not possible, the employer may send the employment certificate through a postal operator to the employee's last known address. The item should be sent in a way that provides confirmation of delivery
Current rules also allow other methods of delivery, which opens the way to modern forms of communication. This may include delivery by courier, handing over by other persons acting on behalf of the employer, or delivering a certificate prepared as an electronic document bearing a qualified electronic signature, provided that appropriate safeguards and confirmation of receipt are ensured.
Whatever method of delivery is chosen, the employer should keep records confirming that the employment certificate was issued. This may be an acknowledgement of receipt, a proof of posting or other documents that make it possible to prove that the legal obligation was fulfilled.
Employment certificate when employment continues
The law provides special rules on issuing employment certificates where, after one employment relationship ends, the employee continues to work for the same employer. These exceptional cases require a different approach and knowledge of specific legal rules.
The employer is not obliged to issue an employment certificate if a new employment relationship with the same employer is established within 7 days of the termination or expiry of the previous one. This rule is intended to avoid unnecessary red tape in situations where the cooperation between the parties is not actually interrupted.
A typical example is where an employee hired on a probationary contract then receives an open-ended contract. If there is a break of no more than 7 days between the end of the first contract and the start of the second, the employer may refrain from issuing an employment certificate. We cover the certificate after a termination notice given by the employee in a separate text.
Where employment continues, the employment certificate must be issued only at the employee's request submitted in paper or electronic form – within 7 days of its submission (Article 97 § 1¹ and § 1² of the Labour Code). The request may be submitted at any time, and the employee has the right to demand this document regardless of the employer's plans for further employment
It is important that the employer cannot decide unilaterally not to issue an employment certificate in the hope of continuing the employment. If the employee submits a request for the document, the employer must issue it, even if it plans to offer the employee a new contract.
Historically, until 31 December 2016, the rules imposed a much more burdensome obligation on employers – with consecutive fixed-term contracts, issuing the employee an employment certificate after 24 months of employment, even if the employment relationship was still continuing. This rule was abolished from 1 January 2017 (Act of 16 December 2016, Dz.U. 2016, item 2255), which significantly simplified HR procedures and reduced the administrative burden on employers.
Procedures for fixed-term contracts
A special category of cases requiring separate discussion is the procedure for issuing employment certificates under fixed-term contracts. These situations often raise practical doubts and require precise application of the law.
The basic rule is that the employment certificate must be issued on the day the employment relationship is terminated, and it covers all periods of employment for which no employment certificate has yet been issued (Article 97 § 1, third sentence). This means that every end of a fixed-term contract, regardless of its length, requires the relevant document to be issued – unless the employer establishes a new employment relationship with the employee within 7 days.
An important exception to this rule arises where, within 7 days of the end of a fixed-term contract, the employer concludes another employment contract with the same employee. In such situations the employer becomes obliged to issue the employment certificate within 7 days of the request only if the employee submits a request in paper or electronic form.
If the employee does not submit a request for an employment certificate after the end of a fixed-term contract and the employer concludes another contract with them, the certificate will be issued only when the final employment relationship ends. The document will contain information about the whole course of employment
The practical consequences of this rule are significant for career planning. If the employee plans to change employer after the fixed-term contract ends, they should submit a request for an employment certificate to be sure of receiving the document in good time.
It is particularly important that a certificate issued after the final employment relationship ends will contain information about the course of employment starting from the first day of the probationary contract. This gives a full picture of the employee's employment history with that employer, which may be valuable for future employers.
Consequences of missing the deadlines
Failure to meet the deadlines for issuing employment certificates has serious legal and financial consequences for employers. Knowing these sanctions is essential for managing HR processes properly and avoiding problems with the inspection authorities.
Failure to issue the employment certificate within the prescribed deadlines is an offence against employee rights. This legal classification means that the employer may be held liable under Article 282 § 1(3) of the Labour Code – from 8 July 2026 it is punishable by a fine of PLN 2,000 to PLN 60,000 (previously PLN 1,000 to PLN 30,000; Act of 11 March 2026, Dz.U. 2026, item 473).
The main inspection authority in this area is PIP (National Labour Inspectorate), which has the power to carry out inspections at employers and impose penalties for breaches of labour law. Labour inspectors may open investigations on the basis of employee complaints or as part of planned inspections.
Types of sanctions for missing the deadlines:
- A fine on the spot (mandat karny) imposed by a labour inspector (from 8 July 2026 up to PLN 5,000) or a request to a court for punishment (fine of up to PLN 60,000)
- A formal statement (wystąpienie) or instruction (polecenie) from the labour inspector to remedy the breach
- The need to introduce preventive procedures
- The possibility of the employee claiming compensation (up to 6 weeks' pay)
- The risk of further inspections where breaches are repeated
An employer may be penalised for failing to issue employment certificates within the prescribed deadlines. A labour inspector may impose a fine on the spot (from 8 July 2026 up to PLN 5,000 – Article 96 § 1a of the Code of Procedure for Petty Offences) or file a request for punishment with a court, and may also issue a formal statement or an instruction to remedy the breach (Article 11(1)(8) of the National Labour Inspectorate Act)
The practical consequences of breaches can be wide-ranging. In addition to financial penalties, the employer may be called on to issue the overdue employment certificate without delay and to introduce procedures preventing similar breaches in the future. Where breaches are repeated, the sanctions may be more severe.
It is also worth remembering that a delay in issuing the employment certificate may cause the employee problems in finding new employment. In such situations the employee may claim compensation equal to their pay for the period of unemployment caused by this, but for no longer than 6 weeks (Article 99 of the Labour Code). If the employer does not issue the certificate at all, the employee may ask the labour court to order the employer to issue the document (Article 97¹ § 1). Within 14 days of receiving the certificate, the employee may also ask the employer to correct it and, if this is refused, may go to the labour court within 14 days of being notified of the refusal (Article 97 § 2¹). We prepare employment certificates and keep personnel files for clients of our HR and payroll services.
Practical tips for employers
Managing the process of issuing employment certificates effectively requires employers to introduce appropriate procedures and control systems. The tips below will help avoid legal problems and keep the HR department running smoothly.
A key element is planning ahead when preparing the employment certificate. The employer should start preparing the document as soon as it receives a resignation notice or it becomes clear that a fixed-term contract will not be extended. This allows all the necessary information to be gathered calmly and avoids a rush on the last day of work.
It is also important to keep accurate records of the employment certificates issued. The employer should record each case in which the document was issued, how it was delivered and any circumstances that prevented it from being issued on the basic deadline. These records may be crucial in the event of an inspection or a legal dispute.
The process of preparing and issuing the employment certificate:
- Prepare the employment certificate well in advance
- Check that all the data in the document are correct
- Plan how the document will be delivered to the employee
- Prepare records confirming that the certificate was issued
- If there are problems with delivery, use the postal option without delay
The employer should keep a register of employment certificates issued, including dates of issue, methods of delivery and information about any problems. Such records make it easier to manage HR processes and may be helpful during an inspection
Particular attention should be paid to training HR staff in the correct application of the rules on employment certificates. Regularly updating knowledge of legal changes and organising internal training can significantly reduce the risk of procedural errors.
It is also worth considering implementing electronic systems that support the management of employment certificates. Modern HR systems can automatically send reminders of upcoming deadlines, generate certificate templates and keep records of deliveries.
The most common mistakes and how to avoid them
Practice shows that employers often make similar mistakes when issuing employment certificates. Knowing these most common problems and how to avoid them can significantly improve the quality of HR process management.
One of the most common mistakes is misunderstanding the 7-day deadline as the standard time for issuing the employment certificate. Many employers apply this deadline automatically, without realising that it is an exception and may be used only where objective circumstances make it impossible to issue the document on the day the employment relationship ends.
Another common problem is making the certificate conditional on financial settlement with the employee. Employers often withhold the document until the employee returns work tools, pays amounts due or completes other settlement procedures. Such practice is unlawful and may result in sanctions.
The most common employer mistakes:
- Not preparing the certificate sufficiently in advance
- Wrongly applying the 7-day deadline as the standard
- Making the certificate conditional on financial settlement with the employee
- No records confirming that the document was issued
- Filling in the content of the employment certificate incorrectly
Another common mistake is failing to document properly the reasons for a delay in issuing the employment certificate. The employer should document in detail the circumstances that prevented the document from being issued on the basic deadline, so that it can defend itself in the event of an inspection
Problems also often result from insufficient communication with the employee about how the employment certificate will be collected. The employer should agree with the employee in advance how the document will be handed over, whether the employee will be present on the last day of work or whether an alternative solution needs to be prepared.
A manufacturing company employing 200 people for a long time followed the wrong practice of issuing employment certificates only after full financial settlement with employees. Following an inspection by PIP, it was fined on the spot and required to change its procedures immediately. Introducing the new rules required training the whole HR department and changing the IT system.
